Blog Layout

Where to Add or Remove Details in Your Will

Admin • Dec 09, 2021
Last Will and Testament — Newark, CA — Daniel Kisner Law
Have you taken the important steps of getting started on making your will and doing estate planning? If so, you are to be congratulated, as you've done more to protect yourself and your family than many Americans.

Nevertheless, you may now wonder how detailed you should be in preparing this will. How much is too much detail and how little is not enough detail? To help you find your balance, here are a few places to add or remove details in your will.

Add Detail to Identify Property and People
Unless you plan to leave your entire estate to one individual, be very clear about who gets what. This starts by using the full names, birth dates, Social Security numbers, and addresses of all heirs and beneficiaries. 

What about property identification? For real estate, vehicles, and valuable items, list details like the address, VIN or license plate number, make and model, serial number, or appraisal documents. If these aren't available, write clear descriptions of the item. Many people include a personal property memorandum, which is a detailed list of smaller personal property goods and who receives them. 

Remove Detail About Items Transferred Elsewhere
Not every part of your estate is transferred using your will. Life insurance proceeds, for instance, are distributed per the policy. Retirement and brokerage accounts usually have beneficiary designations. Similarly, assets owned under a joint tenancy or co-ownership go to the joint owner automatically. Assets in a trust are handled solely through the trust documents. 

Including these external assets in detail in your will can cause confusion and conflict. Consider how much trouble could result if you change your beneficiary designation but forget to change the will? In this case, more isn't necessarily better. 

Add Detail About Yourself
It may seem odd to think about, but does your will have the right personal details about yourself? The goal of any will is to make it ironclad against potential legal contests. One key way you do this is by carefully including the right personal details.

What must you include? You should spell out your full legal name, birth date, and address. If you use any nicknames, list these to avoid confusion. Include a direct testamentary statement of your intent. Finally, your legal signature is very important, and, in California, this must be done or attested to in front of two witnesses. 

Remove Detail in a Pour-Over Will
A pour-over will is one whose goal is to cover whatever property hasn't been transferred into a trust before you pass away. This property, or residue, often consists of many small items of personal property with little financial value. Attempting to name all these goods in a will negates much of the benefit of a pour-over will because it can result in leaving some things out. Don't overthink these things. 

Add Detail About Contingencies
Do you want to put in place any requirements that heirs must fulfill in order to receive their inheritances? If so, be specific and clear about these contingencies.

Vague wording or too little detail leads to arguments over what's required and could even invalidate the contingency. Stating that little Johnny, for example, receives his inheritance only after he starts a business could result in little Johnny opening a lemonade stand for a weekend. While this probably isn't what you intended, the lack of clarity makes enforcement difficult. 

Remove Detail About Your Funeral
Finally, don't include details about what you want for your funeral or memorial services or what should be done with your body. By the time your will is opened, read, confirmed, and made known to heirs, that time will have long passed. The best place to lay out details of your final goodbye is in a separate document entrusted to the executor or a trusted family member.

Where to Learn More
Want to know more about how detailed to make various parts of your will? California residents can start by consulting with Kisner Law Firm. We will work with you to ensure your will is legally valid, proves useful to heirs, and contains just the right information. Call today for an appointment.
01 Apr, 2023
A will is a document that guarantees that your wishes will come true after you pass away. Here are some mistakes you should avoid when crafting your will.
06 Dec, 2022
If you are diagnosed with Alzheimer's or dementia, the condition may affect your decision-making abilities. See how to estate plan with these conditions.
Gavel With Small House — Newark, CA — Daniel Kisner Law
By Admin 27 Sep, 2022
An estate plan ensures that your assets are distributed according to your wishes after you die. Learn the truth behind common estate planning myths.
Estate Planning — Newark, CA — Daniel Kisner Law
By Admin 01 Aug, 2022
Estate planning is a critical part of financial planning. Read this blog to learn what you must include while doing your estate planning.
By Admin 02 Jun, 2022
With estate planning, you say who gets what and how to manage your affairs in your absence. Read this blog to learn further benefits of estate planning.
By Admin 07 Apr, 2022
Many wills go uncontested, but some issues may arise for certain wills. Read our blog to learn more about how to avoid a will contest.
Court Gavel — Newark, CA — Daniel Kisner Law
By Admin 16 Feb, 2022
A power of attorney functions as an important tool in estate planning. Read on to learn about how a power of attorney works and how to draft this document.
By Admin 18 Oct, 2021
Many small businesses may encounter times when it is difficult to collect outstanding debts. Learn more about how to handle this situation.
By Admin 04 Aug, 2021
To help you decide whether to — and how to — deploy trusts in your estate plan, discover some answers to your questions about trusts.
Customer Signing a Real Estate Contract — Newark, CA — Daniel Kisner Law
By Admin 04 Jun, 2021
Do you have a mortgage on a primary or secondary home that you want to leave to your heirs? Learn more about this process by reading this blog.
More Posts
Share by: